Brenda Tischofer v. Bruce Tischofer (2010)

MEMORANDUM OF DECISION

This matter was tried before the Middlesex Judicial District on July 3, 2010.   The Plaintiff and Defendant testified and numerous exhibits were introduced.   The court has considered all of the credible evidence presented to it and carefully considered the relevant criteria for the orders.

The court makes the following findings of facts and orders:  The parties were married in Middlefield, Connecticut on May 5, 1991.   This was a second marriage for both parties who have no children from this marriage.

One of the parties has resided in the State of Connecticut for more than one year prior to bringing this action.   The court has jurisdiction.   The marriage of the parties has broken down irretrievably and is hereby dissolved.

The parties are not receiving state assistance.

The Wife is 59 years old and in poor health.   She testified that she suffers from respiratory, heart and arthritic conditions.

The Plaintiff has not worked throughout the marriage.   She did attend college and obtained a degree from the University of Hartford.

Her gross and net weekly income is $250 which paid by the defendant per a pendente lite support order.

The Defendant is 57 years of age and is in relatively good health.   He is a high school graduate.   He previously worked as a police officer for the city of Hartford and receives a pension.   Presently, he is an investigator for Nationwide Insurance Company.   He has a total weekly gross income $2,280 and his total net weekly income is $1,297.

The Plaintiff purchased the marital residence located at 104 Higby Road in Middletown, Connecticut prior to the marriage.   The parties entered into a prenuptial agreement which inter alia provided for the residence to free from claims of the Defendant.  (Exhibit # 1.)   The residence is worth approximately $200,000 with a mortgage in the approximate amount of $128,800.

The prenuptial agreement also provided that the Defendant would have no claim for the Plaintiff's lottery winnings.   The Plaintiff had won the lottery in 1985, years before this marriage.   Her annual payments were approximately $63,000 after taxes.   The Plaintiff obtained a cash settlement in 1999 in the amount of $227,000.   After paying taxes, she deposited $110,000 into a Merrill Lynch account.   She testified that she found out that she had no money left in that account in May 2009.   She accuses the Defendant of taking her money.   The Defendant denies that and testified that the Plaintiff was a bad bookkeeper.

This is a relatively long-term marriage and alimony is appropriate.

FAULT:

The court finds that the breakdown of the marriage should not be attributed to a greater extent to either party.

ORDERS:

The court has considered all the evidence presented by the parties and the relevant statutory criteria and enters the following orders:

1. DISSOLUTION OF MARRIAGE

The marriage of the parties is dissolved on the ground of irretrievable breakdown.

2. ALIMONY

a. No alimony is awarded to the husband.

b. The husband shall pay to the wife alimony the sum $500 per week to the wife for the period of 10 years.   Alimony shall terminate upon the death of either party or the wife's remarriage or entry into a civil union and shall be modifiable in accordance with the provisions of C.G.S. Sec. 46b-86.

An Immediate Wage Withholding Order shall issue unless the parties agree in writing to a Contingent Wage Withholding Order.

Alimony shall be non-modifiable as to term and amount for the first 5 years.

3. PROPERTY DIVISION

a. The Defendant shall retain ownership of the Ford 500 and the Plaintiff shall retain ownership of the Ford Windstar van free and clear of any claim by the other.   Each party shall be responsible for all costs, expenses, loans, taxes and fees associated with the automobiles he or she keeps and shall sign whatever documents are necessary to effectuate any transfer necessitated by this order.

b. The husband shall transfer by quitclaim deed to the wife all his right, title and interest in and to 104 Higby Road, Middletown, Connecticut.   The wife shall pay and hold husband harmless on the mortgage, property insurance, real estate taxes and all other expenses associated with said property.   The wife shall make reasonable efforts to refinance said property in order to remove husband from the note and mortgage on said property within two years.   The wife shall prepare the necessary transfer papers for execution by the husband.

c. The husband shall transfer to his wife fifty (50) percent of his ownership of his 401k.

d. The husband shall transfer to the wife fifty (50) percent of his marital interest in his City of Harford pension as of the date of this Judgment by way of a QDRO or other acceptable method of transfer so as not to create any tax consequence to either party on that transfer.   This has been estimated to be a 1/6 interest.   The parties shall hire an attorney who specializes in such transfers and share the cost equally.   The court will retain jurisdiction over the selection of that attorney and the execution and implementation of the transfer documents.   If applicable, the parties shall share equally in any fluctuations in the market up to the time of transfer.

e. The husband shall transfer to the wife fifty (50) percent of his marital interest in his Nationwide pension, if any, as of the date of this Judgment by way of a QDRO or other acceptable method of transfer so as not to create any tax consequence to either party on that transfer.   The parties shall hire an attorney who specializes in such transfers and share the cost equally.   The court will retain jurisdiction over the selection of that attorney and the execution and implementation of the transfer documents.   If applicable, the parties shall share equally in any fluctuations in the market up to the time of transfer.

f. The husband shall transfer the Lady Smith and Glock 17 firearms to the wife.

g. Except as otherwise provided herein, each party shall continue to own that property which is now in his or her name or possession free and clear of any claim by the other.

4. ATTORNEYS FEES

Each party shall pay his or her own counsel fees.

5. HEALTH INSURANCE/HEALTH CARE COSTS

Each party shall be responsible for the procurement and cost of their own health insurance, except the husband shall pay the wife's health insurance during the time in which the wife qualifies for COBRA.

6. LIFE INSURANCE

a. The parties shall maintain life insurance on their lives in the amount of $20,000 naming the other as irrevocable beneficiary so long as he has a financial obligation to the wife for support and alimony, or there is any outstanding amount owed on the Teri loan.

b. Said obligation to maintain life insurance is subject to modification in the event of a substantial change in the financial condition of the parties or a substantial change in its cost.

7. DEBTS

Each party is responsible for their debts listed on their most recent respective financial affidavits filed with this court, except the husband shall be liable for one-half of the Teri loan.

8. EXECUTION OF DOCUMENTS

Both parties shall immediately execute any and all documents necessary to implement these orders upon the reasonable request of the other party

CONTEMPT MOTION

The court does not find the husband in contempt.   However, he remains liable for all pendite lite obligations and is hereby ordered to pay them in monthly payments of $250 until paid in full.

By the Court,

Judge Richard E. Burke

Burke, Richard E., J.